Articles Posted in Native American Law

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25 U.S.C. 1911(b) of the Indian Child Welfare Act (ICWA) addresses transfer only of foster care replacement and termination-of-parental-rights actions and does not apply to state preadoptive and adoptive placements. The Department of Child Safety moved to terminate the parental rights of the parents of A.D., a member of the Gila River Indian Community. After the juvenile court terminated the rights of A.D.’s parents the foster parents intervened and filed a petition to adopt A.D. The Community moved to transfer the proceedings to its tribal court under section 1911(b). The juvenile court denied the motion, finding that the foster parents had met their burden of showing that good cause existed under section 1911(b) to deny the motion. The Supreme Court affirmed the juvenile court’s denial of the Community’s motion to transfer, holding that ICWA does not govern the transfer of preadoptive and adoptive placement actions, but state courts may nonetheless transfer such cases involving Indian children to tribal courts. View "Gila River Indian Community v. Department of Child Safety" on Justia Law